Marijuana Legalization Is Sparking Neighbor Disputes
As Marijuana legalization is spreading in some States,(23 States) either like Colorado, which has decriminalized marijuana or like Arizona which has provide for the use of marijuana as treatment for certain medical conditions, some homeowner associations are saying, not in our neighborhood. While resident may be able to light up a joint legally in these States within the confines of their home, the law does not prevent HOAs from regulating the drug as a nuisance.
Apparently there is a rise in conflicts between neighbors, when one neighbor may smell marijuana smoke coming from next door, either thru an open window or someone smoking outside on the patio of their home/condo. This issue is not only limited to the smoking of marijuana but it could also extend to the in home growing (where legal).
For example in California the attorney general has issued guidelines that allow for a patient to grow six mature plants or 12 immature plants. The California Supreme Court in 2010 suggested that there is no limit, and ruled a patient could grow as much as their medical condition required. Colorado on the other hand limits the in home growing to three flowering plants and the grower must keep all plants in an enclosed and locked space.
There is not doubt that some neighborhood associations will attempt to regulate based on the general leanings of their respective board members, but given the stigma and the perceived evilness of marijuana this is issue is still smokey.